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Ohio State journal (Columbus, Ohio : 1897), 1909-02-09

Ohio State journal (Columbus, Ohio : 1897), 1909-02-09 page 1

WEATHER Rin in south, rain or snow in north portion Tuesday; Wednesday snow and much colder with a cold wave. NO MATTER lat yet lave to stl!.er wKtt yoi wait U biy, by ariaf The Jute Joirial Wait Calamus intelligently aad persistently yet are loaid to frt rti alts. Try it. r ,. i Citz. Phone 11,181. uu I Eell Phone, Bain 8200. DON'T MISS READING THE Classified Page of The Ohio State Journal, as there are many good opportunities on. this page every day. . - Cilia Stmt 3 mumt . NINETY-NINTH YEAR. FIGHT PKI5 Physicians at Columbus Hospital Experiment in Treating ! Deadly Insanity. MASSILLON LEADS Stark Institution Sets Pace and Investigator There Will Help Here. Elaborate preparation! are being made at tha Columbus State hospital for experimental work In the treatment with serum of paresis, one of the worst forma of Insanity. New equipment han been .ordered for the pathological laboratory, a pathologist has been engaged, and within the next 80 days the actual work of experiment will begin. Medical authorities differ regarding j tne causes or tne maiaay, dui. mere i little question as to Its extent. It is estimated that fully 40 per cent of the deaths in, the atate hospitals for the insane are due to paresis direct. State hospital superintendents admit it Is Increasing, and heretofore it has been considered incurabft. It has been regarded fatal, usually within an average of three years. . A peculiarity of the disease is the character of men it mostly attacks. Those who have led particularly active lives are usually the victims. Traveling men, politicians, business men, and men of the professions eeem to be its especial prey. aiiiuiis ists it Is generally regarded as the; aristocratic form of insanity. ? It is a disease about which the public In general knows ; comparatively little, for the reason that it is merged with other, forms of Insanity, and in consequence, Ho deadliness Is not appreciated save by the alienists. Were Op develop suddenly, however, and -vest such a number of victims as It does annually, It would be regarded as an appalling plague. . Dr. Ford Robertson, a noted Scotch physician, began some eight or ten years ago to experiment In the treatment of the disease, taking theposition-that It was due to a germ. He Anally claimed to have discovered a 'germ similar to that of diphtheria to which he attributes paresis. In his experiments, ne resoneu iu the use of animals, Inoculating them with the bacillus from . paresis patients.. ' Finally he was - compelled : to disccnt'tnue these experiments as the activity of the antl-vrvisectionlsts resulted Jn'the enactment of-,-strict laws against the practice. ;.-.,--v " .Recently rather elabftrate experiments along the lines followed by Robertson have been conducted at the Mas-slllon State hospital under the direction of Dr. John D. O'Brien, assistant physician; Dr. O'Brien has advanoed claims the last two years that have aroused tremendous interest In the medical' world and have created no little discussion, Other Investigators dls-pute some of them decisively. , ., Says Serum Overcomes Germ. . O'Brien declares paresis ; is due en-Hndv to'the activity of a germ, which Wif claims to have discovered, and which, he Insists, Buccumbs to the administration of a serum he has all but perfected. Moreover he believes the disease to be infectious, and many of the leading alienists of the country believe with him In this claim. More than a score pf patients have been treated in the Masslllon hospital and in a number ot instances, the improvement in their condition has been remarkable. Two, in fact, have been able to leave the hospital entirely and accept positions which they have since filled with complete efficiency. In only two or three cases of exceptional severity, has the treatment failed to produce marked benefit. In the experiments O'Brien has used principally goats, . sheep and dogs. These animals, Inoculated with the germs of paresis, obtained by drawing off the cerebro-spinal fluid from about the spinal cords of paresis ., victims, speedily developed all the symptoms of the disease and died alter a short time. Where the serum wasVused upon them they usually recovered. This serum Is obtained from an immunized goat. , ' ', . '.,'''.:; v. O'Brien to Co-operate Here. The results of the Masslllon expert, ments were brought to the notice of the medical world forcibly through the medium of a paper read by Dr. O'Brien at the Blxty-fourth annual meeting of the American' Medico-Psychological nsnnntatlon in Cincinnati last May. In m$a paper he described his metnoas nd their results. Since then other experlmentors have disputed his claim that he has suc- ' ceeded in ' isolating the bacillus of paresis. O'Brien has persisted unfalteringly ' in his experiments, despite these disclaimers, and has extended their scope materially in : the last six months. He has visited, the local State hospital several times and will cooperate with its management in the experiments planned here. The work here will be directly ' in charge of Dr. George W. Rowland, assistant physician, who will be assisted by the pathologist. Dr. McCampbell of the Ohio State university expects to be associated with the work also during the' coming summer, Preliminary to these experiments, however, Dr, Ro'-'land will make extended investigate along other - lines into which Dr. u Brien nas not gone 10 any great ...length.' -' ,: ; ' ' - To, date no other hospital In the state has followed In O'Brien's footsteps. At a meeting of superintendents of : state hospitals here 4 Friday, these experiments will be one of the most interesting topics under discussion. ' - ;'. . Stockton Muoh Interested. '-"I have been intensely Interested In pA O'Brien's experiments," said Dr. ClV?'" Stockton, superintendent of the CoVumbus State hospital yesterday, "and for more than a year have been anxious to institute similar experiments here. Our greatest difficulty has been in our Inability to get a pathologist. Under the present laws we are limited In the amount we can pay a pathologist, and we have' been unable heretofore to obtain one. Men engaged In this work are high salaried Continued TkUrd Pa. SERUM No. 40. JUDGE JAMES I. ALREAO, Who today becomes member of circuit court. ... Judge J. I. Alread of Greenville, last fall elected circuit court' judge of the Second .circuit district, will take office In Columbue today, succeeding judge Harrison Wilson of Sidney, whose term expired, yesterday, ' ' Judge Wilson has completed 13 years on the circuit bench. During his first year of service he finished an unexpired term and li years ago was elected to the bench, defeating Judge Alread for the nomination. Last summer Alread returned the compliment by defeating Judge Wilson. Judge Alread seven years ago was chief clerk In the office of the secretary of state. POLICE BY MftN'S DEATH Chemical Examination of Stom ach to Determine if John Weidman Was Murdered. Body Found in Church Yard in East Mound Street Suspicious Circumstances. - On the result of a chemical examination of the stomach of John. Weld-man, who was found dead in the yard of the Independent Protestant church In East Mound street, yesterday morning, . will depend the decision of the police authorities whether they are to consider It a case of murder ..-or- death from natural causes. . Drs. ; Joseph Price and Harry Gabriel conducted an investigation and post-mortem, examination yesterday afternoon. and found no signs of violence on the body,, or In any of its organs, .'pending the .result of their analysis they haVe ' not made a full report to the coroner, who has therefore withheld his verdict. ', On , the .man's coat was found pined a note giving the name -t , i W. B. Strader , 92B Mohawk street.' ' trader was the man's superior at the Hocking Valley shops and ; Identified the body at the . morgue, where ,lt was .'taken soon after discovery. . c( Suspicious Ci-sumstances. . Strader Is convinced Weidman could neither read nor write, so that the lm. pression' gains ground that -the card was placed there by one interested in the disposal of the body. The police believe the man died in a nearby house and was removed to the church yard to escape the possible consequences of an investigation. This theory is born Out by the fact that the man was only partly , dressed, indications being that the clothes had been put on the body after death, occurred. Tha , body was found by " John A. Brady of 79 East Mound street. Brady Is watchman , of. the Art Glass company and was going to the church yard to get some water. Weidman lived at 64 East Main street. 0 far as could be learned he had no relatives in Columbus, but is supposed to have a sister Jn Marlon. The,, police are trying to locate her. RIP VAN WINKLE CALLED Cooper Talesman's : Clothes in Tatters and He Needs Shave, M (By Awoclated Pn to State Joarnsl.1 , NASHVILLE, Feb. 8. The ' nineteenth day: closed with, the jury' still incomplete in. the case of, , the state against Colonel . Duncan ., B. Cooper.. Robin J. Cooper : and John D. Sharp, charged with . the murder of former Senator , E,'-WV; , Carmack. One ,Juror, the. eleventh;' M the .'person of W. A. Adcock, a 'young farmer,'- was' sent . into the box. In fder to get h,Im,l 42 1 talesmen. .were examined. '" '. ; ,',, ' One man to respond today was Joe Templeton, a farmer, who can -neither read nor write, - had . hot i heard that Carmack -was killed and did not know the defendants. His ojothing hung In tatters from his body' and- he had not been shaven; for weeks. The state readily accepted him as a "juror, -but the defense,1 after", long deliberation, excused him, r '; . ..-',''...: D. M. Bannister admitted that his eyesight - was falling, V but' proudly added:-:' -. ''-''' -' .'.'.-. - "But I kin see. to shoot a rifle Just as good as I ever could." Asked how many children he had, he replied: "Ef they be all llvln' now an : they was when last 1 heard from 'em, I've got eight." -''.'..:..V.'.-',.'::' ' The state challenged Bannister. Institute Lecturer Die , WAPAKONETA. Feb. 8.J. . At -H ; -- - i . . c f - . - , " ? i iy - j t k. r J i PUZZLED Goble, a prominent farmer and lnstl-l0f tute lecturer of Gutnrnn, died today. , HARMON AFTER E Governor Seeks the Scalp of Judicial Appointee of His .. Predecessor. MEANS A LAWSUIT Will Name Democrat in Place of Republican Selected by Harris. Governor Judson Harmon this morning . will make; his second attack on what .he regards as the illegal appointments of Governor Harris, made on the eve of the tatter's retirement from office. "i ... . i The ax which he wielded for the first time-In the case of the appointment of State Railroad Commissioner James C. Morris,; will descend today upon Cir cuit Judge W. F. Metcalf of Geauga county. " , ' . Judge Metcalf was appointed, for a brief unexpired term artd also f of -the full term of six years, which begins today. Yesterday Governor Harmon had not definitely decided 'upon whom he would bestow the appointment and the necessarily accompanying gift of a lawsuit, but he had fully made up his mind to appoint and so. to bring to an issue in the. courts the validity of Governor Harris',' action. Governor Harmon had. under consideration' the names of half, a dozen or more jurists who have been highly recommended. Man Elected as Judge Is Dead. . Among ' them was that of Judge Thaddeus E. Hoyt of Ashtabulacounty, who was the Democratic nominee for judge in the seventh circuit at the No vember election. . In picking up the official ax again, Governor Harmon contends, as he did in the- Morris-Sullivan case,-, that the appointment should not have been made until the vacancy . actually, oc curred. The date of that occurrence is Feb. a. " V The term, whloh ends today, Is that to which Judge Jerome B. Burrows of Lake county-was elected six years ago. Because of , advancing . years,- Judge Burrows a Brother of Senator Burrows of., Michigan, wa. not a- candidate for re-election.;! 'The Republican .nominee was the late .Judge E. E. Roberts Of Trumbuir county, who waB elected last, fall, but who subsequently .Sled. , In of. der to insure -the succession of a Re publican , JudKe.-on the circuit bench,, Judge Burrows was Induced to resign and not serve out his term. Because of this resignation, it becameincumbent-on Governor Harris to. make an appointment for the balance . of the term,, and he also accepted, the, construction of the law advocated by the various candidates for the place that he had the right to, appoint, for the new term to begin in , February. There was a spirited contest ,for the appointment which went to. Judge Metcalf. who was then on the common pleas bench. .. ;;'''.'".'.,.' ,''""'.' , '3 Circuit Is Strongly Republican. An unquestioned legal appointment was also made by Governor Harris of former Speaker A. G. Reynolds of Geauga to the place vacated by Metcalf on the ... common . pleas .bench. : Now Metcalf has lost one Judgeship and faces a contest' to hold the other one. The law governing the ejection of circuit Judges fixes a flat six-year term. There is.no provision as in the cases of most other offices that the incumbent shall serve a specified number of years and also until his successor is elected and qualified. Governor Harmon believes . that Judge Metcalf cannot : serve pending the decision of the court as to the validity of his appointment for the full term. - The Seventh circuit comprises ' the counties of Ashtabula," Belmont, Carroll, Columbiana, Geauga,. Guernsey, Harrison, jeiTerson, Lake, Mahoning, Monroe, Noble, Portage and Trumbull. The circuit is overwhelmingly Republican in politics. SOCIETY MONKEY DEAD Niiss Tony Will Be Incinerated and Her Ashes Preserved!. Special Tel(ram to State Journal. CLEVELAND, Feb. 8. Mies Tony, educated society., chimpanzee, belonging to Mr. and Mrs. Gus Lambrigger of Orrvllle, and known all over the world, died : at the Lambrigger home this morning of pneumonia. The best physicians of the country were summoned here to save her, and she was given all the attention accorded a human being. A trained New York nurse constantly attended , her. She died like a human, closing her own eyes and eaylng In her guttural language 'Xioo Boo,1' which Interpreted according to the Garner code Js "goodbye.". Undertakers have, laid' her out In state in the main parlor . of the Lambrigger. home.. The. body and the $100 casket that contains it will be incinerated in a crematory especially constructed for the purpose. Her ashes will be preserved In a silver urn by the Lambriggers., : , , DOMESTIC A BLACKHAND Woman Tries to' Extort. Money -from Her Employer; ; ; By A.moela.ud' Prmi to Stat Journal. WHEELING, Feb. 8.-Mrs.' . Mary Walker, a domestic in the household of Thomas B. Sweeney, a business man, 1 who received' letters demanding $500 on pain of death! cpnfessed later on that- she was the author of the missives.. She was taken to the county jail and Is charged with attempted extortion. She read . a "Black hand" story In a magazine and decided to play the game herself. A negro butler .fastened the crime upon the woman through identifying the paper on .which the- letters- were written. -:, Mrs." Walker is .a widow or li Mk. and has heen in tha emolov the Sweeney family only , short time. .;,., , COLUMBUS. OHIO. TUESDAY THANKFUL FOR DENIAL Roosevelt Writes Note Regarding Horseback Riding Incident. (Br laorlMid PrM t Sist Journal.) LOS ANGELE&. Feb. S Mrs. A. W. Rhodes of . this' city, whose daughter was mentioned In the Washington story, which was widely circulated, to the effect that President Roossvelt had struck the young woman's horse while riding pest her In the road. lias re ceived the following letter from the; president on the subject: j "My dear Mrs. Rhodes I thank you for your letter of 29th ultimo and am glad to hear from you that your daughter denied the story that I struck her horse. Of course I never struck her horse or any other lady's horse. The whole story was so absurd as not to be worth denial. Numerous stories of this kind are started from time to time by foolish or malicious people. Occasionally I am obliged to deny them, but as a rule 1 find It best simply to ignore them, because deny ing them calls attention to them and gives a chance -to mischief makers to mislead well-meaning people by fur tber repetitions of the stories. "Sincerely yours, . "THEODORE ROOSEVELT." Wife of Millionaire Lemp Also Accuses Him of Teaching Son to Be an Atheist. Trickery Alleged in ' Agreements Regarding Religious Educa-tion of Their Child. By Associated Press to Stat Journal. ST. LOUIS, Feb. 8. Sensational accusations against her millionaire husband, William J. Lemp, jr., were made by Mrs. Lillian Handland Lemp, wl.en she testified today in the trial of divorce suit which she has filed against him, and to which he has replied with a cross-bill. Mrs. Lemp swore that the f iefendant, had beaten her and thrown her down a flight of "stairs; that he had locked her out of doors; that he had employed detectives to watch her, dismantled their home by moving out the furniture and taught their son, William J. Lemp, III; to.be an atheist. Oft cross-examination she, added to these accusations , that , her husband had taught her to smoke clgarets after their; marriage. '.'Mrs. Lemp wa.,the first, witness examined and he was atlltn the stand when ' adjournment was taken for the day. . f . '"The case has attracted wide attention nd the, courtroom of Judge George Hitchcock was crowded -when the case was called. 'In- her suit,, Mrs. Lemp asks for a divorce, the custody of their son and sufficient alimony to keep herself and the boy in comfortable circumstances. She avers in the bill that her husband Is Worth $1,000,000 and has an Income of $50,000.- The cross-bill filed by Mr. Lemp also asks a divorce and tho custody of the child. Differ Oyer Religious Education. The religious education of the boy was one of the main causes of differences between the couple, according to Mrs. Lemp' s testimony, ' She asserted that she had had the boy baptized in' the Roman Catholic church despite the father's wish to the contrary, but added that she had told Mr. Lemp of her Intention to have the ceremony performed. ' Under cross-examination she was asked to identify an ante-nuptial contract, by which she agreed to surrender all rights of religious instruction of any ; children resulting from the marriage. -Mrs. Lemp acknowledged the signature of this document, but declared she had never seen It; that when she signed it the paper was so folded as to conceal the contents, and that she ' supposed she was signing another paper that . had been read to her. -; , It was brought out that two antenuptial agreements had been entered into. One bound Mrs. Lemp not to interfere in the religious training of any child until the offspring was 1 years old. and the other, signed In the presence of , an archbishop of the Roman Catholic- church, bound Mr. Lemp not to object to the baptism of a" child according to the rites of that organization. Both documents bear the same date and It Is, the contention of Letup's attorneys that Mrs.' Lemp's agreement was subsequent, to the other and superceded, it. Wish He Would Never Roturn. Later in the proceeding, a letter was Introduced ' in evidence which was found by Mr. Lemp among his wife's private papers. It was addressed to "My Dear Little Pal" and contained tnis sentence: SMOKES ulHETSi BLftMES HUSBAND He Is going hunting: next week ind!rlShts of whlch were Purchased by the l wisn to , neaven he would never return." . Mrs. Lemp acknowledged she had written the letter, but explained that she had done so In an effort to find out who had been tampering with her private letters. She said the letter was a decoy, and had bean so Dlaeeit that her husband would see it if he searched her desk. She acknowledged the "he'V referred to. in the letter was her husband. "Do you believe that letter would quiet your husband's suspicion when he already suspected you?" she was asked "I thought It would lead him to speak to me and open the way for me to make peace with him," she replied. Mrs. Lemp also testified that her husband possessed a violent temper; that he habitually carried a revolver, and had displayed the weapon several times on slight provocation. For day at a time, and once fornhree months, he refused to speak to her, she said. Attorneys for Mr.- Lemp, when the case opened, read a paper signed by htm,' acknowledging the . marriage, denying he had tised abusive language, admitting he left his wife Oct. IS, 1906, and that It was his purpose never to live with her again. Masons Aid Italian Orphange. -NAPLES, Feb. i.- The Masonic fraternity -here has- received a contribu sonic ordsr. - toward the foundlna of tion of $200 from the American Ma- ,,u orphanage. MORNING, FEBRUARY 9, 1909 INSANE MURDERER AND FRANK SZAR, Convicted burglar, v Since their escape from the Columbus State hospital Sunday morning, while exercising' with the other 24 pa-; tlents of their ward, there has been no trace of Ernest Terwllllger, Newark wife murderer, and Frank Szar, robber, sent from the Mansfield reformatory. All police departments, where It Is thought they might appear, have been furnished with photographs and descriptions of the men. "Have you tried to trace them with bloodhounds?" Dr. Stockton, superintendent of the hospital, was asked. "No," he replied. "I'd hate to run the chance of having them chewed up by dogs." PROTESTS AGAINST RIEI'S CHARGES Panama Minister Resents Attack Made on Obaldia by Illinois Congressman. William Nelson Cromwell Appears Before Grand Jury in Libel Case. By AMOclated Press to State Jourr:-' '! WASHINGTON, Feb. 8. C. C. Aro-semana, the Panama minister, today called at the state department and filed a protest from his government against the speech made in the house of representatives recently by Mr. Ralney of Illinois, in which President Obaldia of Panama was severely attacked. The minister acted in pursuance of instructions cabled by hla government. Secretary Bacon refused to comment on the action ,taken by the Panama minister, but said he expected to make a statement tomorrow morning concerning the matter. ; The national assembly of Panama about a week ago unanimously approved a resolution in whlch It was declared that "the assembly publicly and solemnly protests against the Insult of the chief executive of Panama, his excellency DOmlngo De Obaldia, as implied inthe parliament of a friendly nation." :The resolution further stated that the "slanderous- assertions of Representative Ralney deserve to be considered only because of the official character of the one who made them." CROMWELL BEFORE GRAND' JURY Says No Man in Public. Life Had In-terest in Cansl, By Asociatd Press to Slat Journal. NEW YORK, Feb. 8. William Nelson Cromwell, who was counsel to the Panama Canal company of France, the United States, government, Avas a wit ness before the federal grand jury today In the government's proceedings against the New York World and others, in .connection with alleged libeloua - publications regarding the Panama canal purchase. . He declared neither he nor any one connected with his . law. 'firm had any stock in the Panama vCanal company; that he was positive no,, man to, public, life in America had any pecuniary interest In the canal,,, and that Douglas' Robinson and Charles B. Taft.had no connection with Panama canal, matters. Deputy Attorney General Oliver C. Pagtn ot Chicago,. who' has drawn many of the notable indictments, returned by the federal grand Jury recently, arrived here today and was In conference with District Attorney Stimson. He came from Oklahoma, where he drew the indictment in the Haskell case. He said that he expected- to remain In this city several weeks. . Will Begin Tenth Term. . MILLERSBURQ, t Feb. , 8". Probate Judge R. W. Taneyhlll will tomorrow enter upon his tenth term as probate Judge of Holmes county, ' and If he lives to compleje the term, will have then been In this office $1 consecutive years. Just before entering this office 27 years ego he served seven years as clerk, of the court. The.iud U now past JO years of age. : - b'l,s i-f ml -:-:. m V7M"Vh Ir''''-1''' '-':M 1 i.H ';-.'',"?:, i1' r-"l- felt.- , . -- AVll .' t - - - s. ixy , 1 ...... ( J OHIO ST A Te I PRICE rll M."Jj'Ztr!!it I t inn i r... L Terwllllger Is expected to leave the, state as soon as possible. His father lives In Alden, jf. Y., and has been advised of the escape. The murderer has been rational and has shown practically no signs of insanity since entering the hospital, Dec. 17, but If aroused, Is considered very dangerous. He has never been tried for his crime. That could be done at any time he Is discharged from the hospital as cured. If captured in another statfl, he probably will have to be brought back as a murderer, as there are no insanity extradition laws between the states. Description of the Men, The following description ot the fugitives has been sent broadcast, by the authorities: Frank Sssar. (Slav), age about 26 1 years, 5 feet 10 inches tall, splendid BLANCHE WALSH IS ILL Has Enlarged Liver, but May Escape Operation. : ' By A0(!lted Preatto Stato Journal. ' KANSAS CITY, Feb. 8. Miss Blanche Wftlsh, the actress, who was brought "here -from Fort Smith,' Ark., an t nlanail " ,'.n tltilimrult., ' hna. pitei, win resume her theatrical touri nit:, mai utijr ui viic pirscni uiuinn, nu cording to a statement issued tonight by her .manager, Hugh C. Grady.- -' Miss Walsh's complaint, physicians say, is an eniargea uver, dui ner condition Is not considered critical, and It Is not believed an operatlonWtil be necessary. It was decided several dRys ago that she should cancel lier engagements for two weeks, but it is expected she will be able to finish, the present season without further trouble. IVOR HUGHES III FIGHT IN CQUHT AT CLEVELAND Columbus Atty., in Home Non-Support Case and Plaintiff's Father Exchange Blows. Ivor Hughes of' Columbus and a Mr.' CofCman of Cleveland exchanged blows In the Cuyahoga county courthouse yesterday, according to a dis patch last night from Cleveland, and were seoarated by a court bailiff. The trouble came about through a new phase of the many troubles of young Edward Horne, Jr.. of Columbus and his young wife, who was a Miss Coffman, The couple ran away and were married. Horne later refused to .live with his 'wife, and various court proceedings were brought against him. Later the Coffmans movea to iieve land. At the time of marriage Horne was earning only $5 a week, but his father was well-to-do. Horne was arrested recently on the rharee of abandoning his minor cnitu, the warrant being sworn out by the wife. The case- was set for trial yes terdav. - As Horne and his Columbus attorney, with the former's wife and her parents, Mr. and Mrs. Coffman, were lnavin the courtroom, Coffman and the Columbus lawyer engaged In wordy war which led to blows. , OIL CASES CONTINUED Court Divided on Question of : Making Standard Party to Suit. , By Associate! Prass to Stat Journal.) LIMA. Feb. 8. The - circuit , cuurt here today continued the quo warranto and ouster. cases against the auxiliary companies ot the Standard Oil company, It being suggested by-Judges 'Norrls and Donnelly that the Standard Oil company of New Jersey be made a party to the suit. Judge Huron dissented -upon this proposition.". i He stated that the Ohio corporations should be ousted from recognizing the Standard Oil company of New .'Jersey and further ousted from affiliating themselves with any foreign corporation to hold the majority , of their stock, and should also be prevented from paying any dividends to the Standard OH company of New Jersey. One-Fifth Is Raised. " DAYTON,: Feb. 8. At noon today, when the subscriptions had been to taled. the sum of $50,4(3 had been subscribed in the campaign which has for Its purpose the raising of $240,000 for the Y. M, C. A. and Miami Valley has pltal funds. The campaign was begun Saturday and will continue until February 23. ' ERNEST TERW1LLIGER, Newark wife murderer. physical development, weight 190 pounds. Has light, close cropped naif, blue eyes and rather ruddy complex ion. Speaks very broken Engilsii. Generally wears a stiff white bosom shirt, without collar or tie. Dark clothes, no overcoat. He is a criminal, i admitted from Mansfield reformatory, and shows some Insane tendencies. -Is usually quiet, listless and retiring. Ernest Terwllllger, a wife murderer of Newark (awaiting trial), age 20; 5 feet 6 inches in height, weighing 125 pounds; dark hair, gray eyes, smooth face, good physical condition, skin clear, vaccination scar on left arm, scar about 6 Inches long anterior part of Jeft thigh from injury in wreck three 'years ago. Small scar left shin same wreck. Answers questions correctly, conducts himself normally, but !s a dangerous man. If ITAPPOIST FROM BOARD LIST Governor. Likely to Ignore Phar- i - s ' maceutical Association in Fill- I . -i, , ' me Place of Examiner. Five Republicans Are Recommended, but He May Select a Democrat. Governor Harmon is expected to ignore the. recommrtndatlons of the Ohio State Pharmaceutical association In appointing . a successor to Julius Greyer of Cincinnati, whose term as a member of the state board of pharmacy will expire March 31. . The law conferson the association the right to recommend five names from which the governor may or may not make a selection for appointment to fill the vacancy caused by the retirement of one member each year. At its last meetine the board. Dossiblv not anticipating the election of a Democratic governor, recommended five Republicans. The board is Republican by 4 to 1, and will remain Republican If the governor goes outside the list and appoints a Democrat to succeed Greyer. , . Furnishing an Excuse, In order to give the governor an ex cuse to fire the whole board a report was printed yesterday charging the existence of a combination of Jobbers to control sales of drugs to state institutions. - The state board of pharmacy has nothing to do with the purchase ot supplies for state institutions or with the control of the durg business, wholesale or retail. It merely examines and, licenses pharmacists. In Its annual report filed yesterday with the governor, the state board recounts, Its victory after a protracted struggle in the courts In driving out of business Mark Klein, a Cleveland druggist who persistently violated the drug law. He was fined $500 and was given a suspended fine of $2000 conditioned on quitting business in 30 days. He quit. . . The only druggist's license revoked during the year was that of John S. Greenwood of Columbus, for selling cocaine illegally. There are now 8535 pharmacists and 636 assistants in the state, making a total or 4171. FRENCH POET IS KILLED Mangled Body of M. Mendes Found in a Tunnel. By Associated Press to Stats Journal PARIS, Feb. 8. M. CatulIe-Abraham Mendes, "the ' noted . French ,poet and novelist, was found dead in the railway tunnel at Saint Germain today., M. MendesV body was badly mangled, he having fallen accidentally from a moving train. Baron Von Oppenhelm. with .whom M. Mendes dined last night, explained today that the poet was melancholy and complained of extreme fatigue. There has been no suggestion of suicide or foul play In the death of M. Mendes, and the finding of his cane and hat beside the body convinces the authorities : that he inadvertently opened the door of the compartment of the carriage in which he was riding before the train was clear of the tunnel, and fell beneath the wheels. - After working yesterday on a play on Napoleon, Mendes spent an hour completing a poem on the death of the elder Coquelin, SEU IRflllE TOCALIFORUiS Anti-Japanese Course Will Result in no Good, and Much Harm, Says Roosevelt. APPEAL TO COURTS State Senate Postpones Action on Jap Measure Senator Perkins May Reply. By Associated Press to State Journal WASHINGTON, Feb. 8. "The policy of the administration le to combine the maximum of efficiency In achieving the real object, which the people of the Pacific slope have at heart, with the minimum of friction and trouble, while the misguided men who advocate such action as this, against which I protest, are following a policy which com bines me very minimum .or emeteucy with the maximum of insult and which, while totally failing to achieve-any real result for good, yet might accomplish an Infinity of harm." In this language President Roosevelt today, in a long telegram to Speaker P. A. Stanton of the California assembly, set forth the government's view of the anti-Japanese school legislation now before that body. The president stated that the bill' gives Just and grave cause for lrrita- : tion and that the government would be omitted Immediately to take action In the federal courts to test such legislation, because It la held to be clearly a violation of the treaty obligations of the United States. The telegram to . Speaker Stanton was sent only after a conference with Senator flint and Representative Kahn of California, and F. K. l.ane of the interstate commerce commission. ....... : The President's Telegram. To Speaker Stanton the president , sent the following:, 1 trust there will be no misunderstanding ot the federal government's attitude. We are zealously endeavoring to guard the interest of California and of the entire. West in acoordanie with the desires of our Western people. By friendly agreement with Japan we are nuw carrying out a policy, which" while meuting the interests and d- ... aires of the Pacific slope, is yet compatible, not merely with mutual self-respect, but with mutual esteem and admiration between the Americans and Japanese. The Japanese government Is loyally : and in good faith doing Its part to carry out this policy, precisely as the American government is doing. - The policy aims at, mutuality and obligation and behavior. In accordance with It, tiie purpose Is that the Japanese shall come, here exactly Americans go to J'. Japan, Which is in effect that travelers, students, -persous eng;aged in international business, men who sojourn for pleasure or study, and the like, shall have the freiwt access from one couu- try to the other, and shall be sure of the best treatment, but that there shall . be no settlement in mass by the people4 of either country In the other.. More Have Lett Than Have Come lau During the last six months under this policy more Japanese have leit the country than have come in, and the total number In the United States has diminished by over 2000. These figures are absolutely accurate and cannot be Impeached. In other words, If the present policy is consistently followed and works as well In the future as It is now working, all difficulties and causes of friction will disappear, while at the same time each nation will retain its self-respect and the good will of the other. But such a bill as this school bill accomplishes literally nothing whatever In the line of the object aimed at and gives just ind grave cause for Irritation; while In addition, the United States government would be obliged immediately to take action in. the federal courts to test such legislation, as we hold it to be clearly a violation of the treaty. On this point I refer you to the numerous decisions of the' United States supreme court In regard to state laws, which violate treaty obligations of the United States. The legislation ,, would accomplish nothing beneficial and would certainly cause some mischief and might cause very grave mischief.Opposition Mlgiit Do Great Hans, In short, the policy of the administration is to combine the maximum of efficiency In achieving the real object, which the people of the Pacific slope have at heat, with the minimum of friction and trouble, while the n.ls-gulded men who advocate such action ns this against which I protest are following a policy, which combines the ; very minimum of efficiency with the maximum of Insult and which, while totally falling to achieve anv real re- suits Tor good, yet might accomplish an infinity of harm. If In the next year or two the action of the federal government falls to achieve what It Is now achieving, then through the further action of the president and congress, it can be made entirely efficient I am sure that the sound judgment of the people of California will support you, ?4r. Speaker, in your efforts. Let me repeat that at present we are actually doing the verv thing which the people of California, wish to be done, and to upset the arrangement under which It is being done, cannot do good and may do great harm. If in the next year or two the figures of immigration prove that the arrangement, which has worked so-successfully during the last six months Is no longer working successfully then there Would h urrritin.4 frt- and for the reversal by the national I government of its present policy, But . at present the policy la working well and until It works badly, It would be a grave misfortune to change It, and wnen changed it can only be changed TOtcuvmj nv int. mmonai government, .,-,.-" THEODORE ROOSEVELT. Only One With President, Today the entire California delegation In the house with the exception 1 of Mr. - McLachlan, met at luncheon and discussed the Japanese situation i and it is stated upon the authority of those present, that Mr. Kahn was the only member In attendance who man!--tested . an Inclination to support the administration In its attitude toward state action on the Japanese question. It was apparent that while the delegation was disposed to be conservative its sympathies were largely with Cali fornia s efforts to Keep Japanese out by means of state legislation, if It was not done by the action of the federal government. Members of the delegation declare that large . numbers ut Japanese are coming Into the Unllerl States by way of Mexico and Catiaua. - - Perkins May Defend Himself, In view of the attack which Presl. dent Roosevelt has made, upon Senator Perkins, the senior senator from Cali fornia, for his attitude on the Japanese agitation In his state, friends of the senator believe that he will defend himself on the floor or the senate. Bo far, Senator Perkins has not Intimated

WEATHER Rin in south, rain or snow in north portion Tuesday; Wednesday snow and much colder with a cold wave. NO MATTER lat yet lave to stl!.er wKtt yoi wait U biy, by ariaf The Jute Joirial Wait Calamus intelligently aad persistently yet are loaid to frt rti alts. Try it. r ,. i Citz. Phone 11,181. uu I Eell Phone, Bain 8200. DON'T MISS READING THE Classified Page of The Ohio State Journal, as there are many good opportunities on. this page every day. . - Cilia Stmt 3 mumt . NINETY-NINTH YEAR. FIGHT PKI5 Physicians at Columbus Hospital Experiment in Treating ! Deadly Insanity. MASSILLON LEADS Stark Institution Sets Pace and Investigator There Will Help Here. Elaborate preparation! are being made at tha Columbus State hospital for experimental work In the treatment with serum of paresis, one of the worst forma of Insanity. New equipment han been .ordered for the pathological laboratory, a pathologist has been engaged, and within the next 80 days the actual work of experiment will begin. Medical authorities differ regarding j tne causes or tne maiaay, dui. mere i little question as to Its extent. It is estimated that fully 40 per cent of the deaths in, the atate hospitals for the insane are due to paresis direct. State hospital superintendents admit it Is Increasing, and heretofore it has been considered incurabft. It has been regarded fatal, usually within an average of three years. . A peculiarity of the disease is the character of men it mostly attacks. Those who have led particularly active lives are usually the victims. Traveling men, politicians, business men, and men of the professions eeem to be its especial prey. aiiiuiis ists it Is generally regarded as the; aristocratic form of insanity. ? It is a disease about which the public In general knows ; comparatively little, for the reason that it is merged with other, forms of Insanity, and in consequence, Ho deadliness Is not appreciated save by the alienists. Were Op develop suddenly, however, and -vest such a number of victims as It does annually, It would be regarded as an appalling plague. . Dr. Ford Robertson, a noted Scotch physician, began some eight or ten years ago to experiment In the treatment of the disease, taking theposition-that It was due to a germ. He Anally claimed to have discovered a 'germ similar to that of diphtheria to which he attributes paresis. In his experiments, ne resoneu iu the use of animals, Inoculating them with the bacillus from . paresis patients.. ' Finally he was - compelled : to disccnt'tnue these experiments as the activity of the antl-vrvisectionlsts resulted Jn'the enactment of-,-strict laws against the practice. ;.-.,--v " .Recently rather elabftrate experiments along the lines followed by Robertson have been conducted at the Mas-slllon State hospital under the direction of Dr. John D. O'Brien, assistant physician; Dr. O'Brien has advanoed claims the last two years that have aroused tremendous interest In the medical' world and have created no little discussion, Other Investigators dls-pute some of them decisively. , ., Says Serum Overcomes Germ. . O'Brien declares paresis ; is due en-Hndv to'the activity of a germ, which Wif claims to have discovered, and which, he Insists, Buccumbs to the administration of a serum he has all but perfected. Moreover he believes the disease to be infectious, and many of the leading alienists of the country believe with him In this claim. More than a score pf patients have been treated in the Masslllon hospital and in a number ot instances, the improvement in their condition has been remarkable. Two, in fact, have been able to leave the hospital entirely and accept positions which they have since filled with complete efficiency. In only two or three cases of exceptional severity, has the treatment failed to produce marked benefit. In the experiments O'Brien has used principally goats, . sheep and dogs. These animals, Inoculated with the germs of paresis, obtained by drawing off the cerebro-spinal fluid from about the spinal cords of paresis ., victims, speedily developed all the symptoms of the disease and died alter a short time. Where the serum wasVused upon them they usually recovered. This serum Is obtained from an immunized goat. , ' ', . '.,'''.:; v. O'Brien to Co-operate Here. The results of the Masslllon expert, ments were brought to the notice of the medical world forcibly through the medium of a paper read by Dr. O'Brien at the Blxty-fourth annual meeting of the American' Medico-Psychological nsnnntatlon in Cincinnati last May. In m$a paper he described his metnoas nd their results. Since then other experlmentors have disputed his claim that he has suc- ' ceeded in ' isolating the bacillus of paresis. O'Brien has persisted unfalteringly ' in his experiments, despite these disclaimers, and has extended their scope materially in : the last six months. He has visited, the local State hospital several times and will cooperate with its management in the experiments planned here. The work here will be directly ' in charge of Dr. George W. Rowland, assistant physician, who will be assisted by the pathologist. Dr. McCampbell of the Ohio State university expects to be associated with the work also during the' coming summer, Preliminary to these experiments, however, Dr, Ro'-'land will make extended investigate along other - lines into which Dr. u Brien nas not gone 10 any great ...length.' -' ,: ; ' ' - To, date no other hospital In the state has followed In O'Brien's footsteps. At a meeting of superintendents of : state hospitals here 4 Friday, these experiments will be one of the most interesting topics under discussion. ' - ;'. . Stockton Muoh Interested. '-"I have been intensely Interested In pA O'Brien's experiments," said Dr. ClV?'" Stockton, superintendent of the CoVumbus State hospital yesterday, "and for more than a year have been anxious to institute similar experiments here. Our greatest difficulty has been in our Inability to get a pathologist. Under the present laws we are limited In the amount we can pay a pathologist, and we have' been unable heretofore to obtain one. Men engaged In this work are high salaried Continued TkUrd Pa. SERUM No. 40. JUDGE JAMES I. ALREAO, Who today becomes member of circuit court. ... Judge J. I. Alread of Greenville, last fall elected circuit court' judge of the Second .circuit district, will take office In Columbue today, succeeding judge Harrison Wilson of Sidney, whose term expired, yesterday, ' ' Judge Wilson has completed 13 years on the circuit bench. During his first year of service he finished an unexpired term and li years ago was elected to the bench, defeating Judge Alread for the nomination. Last summer Alread returned the compliment by defeating Judge Wilson. Judge Alread seven years ago was chief clerk In the office of the secretary of state. POLICE BY MftN'S DEATH Chemical Examination of Stom ach to Determine if John Weidman Was Murdered. Body Found in Church Yard in East Mound Street Suspicious Circumstances. - On the result of a chemical examination of the stomach of John. Weld-man, who was found dead in the yard of the Independent Protestant church In East Mound street, yesterday morning, . will depend the decision of the police authorities whether they are to consider It a case of murder ..-or- death from natural causes. . Drs. ; Joseph Price and Harry Gabriel conducted an investigation and post-mortem, examination yesterday afternoon. and found no signs of violence on the body,, or In any of its organs, .'pending the .result of their analysis they haVe ' not made a full report to the coroner, who has therefore withheld his verdict. ', On , the .man's coat was found pined a note giving the name -t , i W. B. Strader , 92B Mohawk street.' ' trader was the man's superior at the Hocking Valley shops and ; Identified the body at the . morgue, where ,lt was .'taken soon after discovery. . c( Suspicious Ci-sumstances. . Strader Is convinced Weidman could neither read nor write, so that the lm. pression' gains ground that -the card was placed there by one interested in the disposal of the body. The police believe the man died in a nearby house and was removed to the church yard to escape the possible consequences of an investigation. This theory is born Out by the fact that the man was only partly , dressed, indications being that the clothes had been put on the body after death, occurred. Tha , body was found by " John A. Brady of 79 East Mound street. Brady Is watchman , of. the Art Glass company and was going to the church yard to get some water. Weidman lived at 64 East Main street. 0 far as could be learned he had no relatives in Columbus, but is supposed to have a sister Jn Marlon. The,, police are trying to locate her. RIP VAN WINKLE CALLED Cooper Talesman's : Clothes in Tatters and He Needs Shave, M (By Awoclated Pn to State Joarnsl.1 , NASHVILLE, Feb. 8. The ' nineteenth day: closed with, the jury' still incomplete in. the case of, , the state against Colonel . Duncan ., B. Cooper.. Robin J. Cooper : and John D. Sharp, charged with . the murder of former Senator , E,'-WV; , Carmack. One ,Juror, the. eleventh;' M the .'person of W. A. Adcock, a 'young farmer,'- was' sent . into the box. In fder to get h,Im,l 42 1 talesmen. .were examined. '" '. ; ,',, ' One man to respond today was Joe Templeton, a farmer, who can -neither read nor write, - had . hot i heard that Carmack -was killed and did not know the defendants. His ojothing hung In tatters from his body' and- he had not been shaven; for weeks. The state readily accepted him as a "juror, -but the defense,1 after", long deliberation, excused him, r '; . ..-',''...: D. M. Bannister admitted that his eyesight - was falling, V but' proudly added:-:' -. ''-''' -' .'.'.-. - "But I kin see. to shoot a rifle Just as good as I ever could." Asked how many children he had, he replied: "Ef they be all llvln' now an : they was when last 1 heard from 'em, I've got eight." -''.'..:..V.'.-',.'::' ' The state challenged Bannister. Institute Lecturer Die , WAPAKONETA. Feb. 8.J. . At -H ; -- - i . . c f - . - , " ? i iy - j t k. r J i PUZZLED Goble, a prominent farmer and lnstl-l0f tute lecturer of Gutnrnn, died today. , HARMON AFTER E Governor Seeks the Scalp of Judicial Appointee of His .. Predecessor. MEANS A LAWSUIT Will Name Democrat in Place of Republican Selected by Harris. Governor Judson Harmon this morning . will make; his second attack on what .he regards as the illegal appointments of Governor Harris, made on the eve of the tatter's retirement from office. "i ... . i The ax which he wielded for the first time-In the case of the appointment of State Railroad Commissioner James C. Morris,; will descend today upon Cir cuit Judge W. F. Metcalf of Geauga county. " , ' . Judge Metcalf was appointed, for a brief unexpired term artd also f of -the full term of six years, which begins today. Yesterday Governor Harmon had not definitely decided 'upon whom he would bestow the appointment and the necessarily accompanying gift of a lawsuit, but he had fully made up his mind to appoint and so. to bring to an issue in the. courts the validity of Governor Harris',' action. Governor Harmon had. under consideration' the names of half, a dozen or more jurists who have been highly recommended. Man Elected as Judge Is Dead. . Among ' them was that of Judge Thaddeus E. Hoyt of Ashtabulacounty, who was the Democratic nominee for judge in the seventh circuit at the No vember election. . In picking up the official ax again, Governor Harmon contends, as he did in the- Morris-Sullivan case,-, that the appointment should not have been made until the vacancy . actually, oc curred. The date of that occurrence is Feb. a. " V The term, whloh ends today, Is that to which Judge Jerome B. Burrows of Lake county-was elected six years ago. Because of , advancing . years,- Judge Burrows a Brother of Senator Burrows of., Michigan, wa. not a- candidate for re-election.;! 'The Republican .nominee was the late .Judge E. E. Roberts Of Trumbuir county, who waB elected last, fall, but who subsequently .Sled. , In of. der to insure -the succession of a Re publican , JudKe.-on the circuit bench,, Judge Burrows was Induced to resign and not serve out his term. Because of this resignation, it becameincumbent-on Governor Harris to. make an appointment for the balance . of the term,, and he also accepted, the, construction of the law advocated by the various candidates for the place that he had the right to, appoint, for the new term to begin in , February. There was a spirited contest ,for the appointment which went to. Judge Metcalf. who was then on the common pleas bench. .. ;;'''.'".'.,.' ,''""'.' , '3 Circuit Is Strongly Republican. An unquestioned legal appointment was also made by Governor Harris of former Speaker A. G. Reynolds of Geauga to the place vacated by Metcalf on the ... common . pleas .bench. : Now Metcalf has lost one Judgeship and faces a contest' to hold the other one. The law governing the ejection of circuit Judges fixes a flat six-year term. There is.no provision as in the cases of most other offices that the incumbent shall serve a specified number of years and also until his successor is elected and qualified. Governor Harmon believes . that Judge Metcalf cannot : serve pending the decision of the court as to the validity of his appointment for the full term. - The Seventh circuit comprises ' the counties of Ashtabula," Belmont, Carroll, Columbiana, Geauga,. Guernsey, Harrison, jeiTerson, Lake, Mahoning, Monroe, Noble, Portage and Trumbull. The circuit is overwhelmingly Republican in politics. SOCIETY MONKEY DEAD Niiss Tony Will Be Incinerated and Her Ashes Preserved!. Special Tel(ram to State Journal. CLEVELAND, Feb. 8. Mies Tony, educated society., chimpanzee, belonging to Mr. and Mrs. Gus Lambrigger of Orrvllle, and known all over the world, died : at the Lambrigger home this morning of pneumonia. The best physicians of the country were summoned here to save her, and she was given all the attention accorded a human being. A trained New York nurse constantly attended , her. She died like a human, closing her own eyes and eaylng In her guttural language 'Xioo Boo,1' which Interpreted according to the Garner code Js "goodbye.". Undertakers have, laid' her out In state in the main parlor . of the Lambrigger. home.. The. body and the $100 casket that contains it will be incinerated in a crematory especially constructed for the purpose. Her ashes will be preserved In a silver urn by the Lambriggers., : , , DOMESTIC A BLACKHAND Woman Tries to' Extort. Money -from Her Employer; ; ; By A.moela.ud' Prmi to Stat Journal. WHEELING, Feb. 8.-Mrs.' . Mary Walker, a domestic in the household of Thomas B. Sweeney, a business man, 1 who received' letters demanding $500 on pain of death! cpnfessed later on that- she was the author of the missives.. She was taken to the county jail and Is charged with attempted extortion. She read . a "Black hand" story In a magazine and decided to play the game herself. A negro butler .fastened the crime upon the woman through identifying the paper on .which the- letters- were written. -:, Mrs." Walker is .a widow or li Mk. and has heen in tha emolov the Sweeney family only , short time. .;,., , COLUMBUS. OHIO. TUESDAY THANKFUL FOR DENIAL Roosevelt Writes Note Regarding Horseback Riding Incident. (Br laorlMid PrM t Sist Journal.) LOS ANGELE&. Feb. S Mrs. A. W. Rhodes of . this' city, whose daughter was mentioned In the Washington story, which was widely circulated, to the effect that President Roossvelt had struck the young woman's horse while riding pest her In the road. lias re ceived the following letter from the; president on the subject: j "My dear Mrs. Rhodes I thank you for your letter of 29th ultimo and am glad to hear from you that your daughter denied the story that I struck her horse. Of course I never struck her horse or any other lady's horse. The whole story was so absurd as not to be worth denial. Numerous stories of this kind are started from time to time by foolish or malicious people. Occasionally I am obliged to deny them, but as a rule 1 find It best simply to ignore them, because deny ing them calls attention to them and gives a chance -to mischief makers to mislead well-meaning people by fur tber repetitions of the stories. "Sincerely yours, . "THEODORE ROOSEVELT." Wife of Millionaire Lemp Also Accuses Him of Teaching Son to Be an Atheist. Trickery Alleged in ' Agreements Regarding Religious Educa-tion of Their Child. By Associated Press to Stat Journal. ST. LOUIS, Feb. 8. Sensational accusations against her millionaire husband, William J. Lemp, jr., were made by Mrs. Lillian Handland Lemp, wl.en she testified today in the trial of divorce suit which she has filed against him, and to which he has replied with a cross-bill. Mrs. Lemp swore that the f iefendant, had beaten her and thrown her down a flight of "stairs; that he had locked her out of doors; that he had employed detectives to watch her, dismantled their home by moving out the furniture and taught their son, William J. Lemp, III; to.be an atheist. Oft cross-examination she, added to these accusations , that , her husband had taught her to smoke clgarets after their; marriage. '.'Mrs. Lemp wa.,the first, witness examined and he was atlltn the stand when ' adjournment was taken for the day. . f . '"The case has attracted wide attention nd the, courtroom of Judge George Hitchcock was crowded -when the case was called. 'In- her suit,, Mrs. Lemp asks for a divorce, the custody of their son and sufficient alimony to keep herself and the boy in comfortable circumstances. She avers in the bill that her husband Is Worth $1,000,000 and has an Income of $50,000.- The cross-bill filed by Mr. Lemp also asks a divorce and tho custody of the child. Differ Oyer Religious Education. The religious education of the boy was one of the main causes of differences between the couple, according to Mrs. Lemp' s testimony, ' She asserted that she had had the boy baptized in' the Roman Catholic church despite the father's wish to the contrary, but added that she had told Mr. Lemp of her Intention to have the ceremony performed. ' Under cross-examination she was asked to identify an ante-nuptial contract, by which she agreed to surrender all rights of religious instruction of any ; children resulting from the marriage. -Mrs. Lemp acknowledged the signature of this document, but declared she had never seen It; that when she signed it the paper was so folded as to conceal the contents, and that she ' supposed she was signing another paper that . had been read to her. -; , It was brought out that two antenuptial agreements had been entered into. One bound Mrs. Lemp not to interfere in the religious training of any child until the offspring was 1 years old. and the other, signed In the presence of , an archbishop of the Roman Catholic- church, bound Mr. Lemp not to object to the baptism of a" child according to the rites of that organization. Both documents bear the same date and It Is, the contention of Letup's attorneys that Mrs.' Lemp's agreement was subsequent, to the other and superceded, it. Wish He Would Never Roturn. Later in the proceeding, a letter was Introduced ' in evidence which was found by Mr. Lemp among his wife's private papers. It was addressed to "My Dear Little Pal" and contained tnis sentence: SMOKES ulHETSi BLftMES HUSBAND He Is going hunting: next week ind!rlShts of whlch were Purchased by the l wisn to , neaven he would never return." . Mrs. Lemp acknowledged she had written the letter, but explained that she had done so In an effort to find out who had been tampering with her private letters. She said the letter was a decoy, and had bean so Dlaeeit that her husband would see it if he searched her desk. She acknowledged the "he'V referred to. in the letter was her husband. "Do you believe that letter would quiet your husband's suspicion when he already suspected you?" she was asked "I thought It would lead him to speak to me and open the way for me to make peace with him," she replied. Mrs. Lemp also testified that her husband possessed a violent temper; that he habitually carried a revolver, and had displayed the weapon several times on slight provocation. For day at a time, and once fornhree months, he refused to speak to her, she said. Attorneys for Mr.- Lemp, when the case opened, read a paper signed by htm,' acknowledging the . marriage, denying he had tised abusive language, admitting he left his wife Oct. IS, 1906, and that It was his purpose never to live with her again. Masons Aid Italian Orphange. -NAPLES, Feb. i.- The Masonic fraternity -here has- received a contribu sonic ordsr. - toward the foundlna of tion of $200 from the American Ma- ,,u orphanage. MORNING, FEBRUARY 9, 1909 INSANE MURDERER AND FRANK SZAR, Convicted burglar, v Since their escape from the Columbus State hospital Sunday morning, while exercising' with the other 24 pa-; tlents of their ward, there has been no trace of Ernest Terwllllger, Newark wife murderer, and Frank Szar, robber, sent from the Mansfield reformatory. All police departments, where It Is thought they might appear, have been furnished with photographs and descriptions of the men. "Have you tried to trace them with bloodhounds?" Dr. Stockton, superintendent of the hospital, was asked. "No," he replied. "I'd hate to run the chance of having them chewed up by dogs." PROTESTS AGAINST RIEI'S CHARGES Panama Minister Resents Attack Made on Obaldia by Illinois Congressman. William Nelson Cromwell Appears Before Grand Jury in Libel Case. By AMOclated Press to State Jourr:-' '! WASHINGTON, Feb. 8. C. C. Aro-semana, the Panama minister, today called at the state department and filed a protest from his government against the speech made in the house of representatives recently by Mr. Ralney of Illinois, in which President Obaldia of Panama was severely attacked. The minister acted in pursuance of instructions cabled by hla government. Secretary Bacon refused to comment on the action ,taken by the Panama minister, but said he expected to make a statement tomorrow morning concerning the matter. ; The national assembly of Panama about a week ago unanimously approved a resolution in whlch It was declared that "the assembly publicly and solemnly protests against the Insult of the chief executive of Panama, his excellency DOmlngo De Obaldia, as implied inthe parliament of a friendly nation." :The resolution further stated that the "slanderous- assertions of Representative Ralney deserve to be considered only because of the official character of the one who made them." CROMWELL BEFORE GRAND' JURY Says No Man in Public. Life Had In-terest in Cansl, By Asociatd Press to Slat Journal. NEW YORK, Feb. 8. William Nelson Cromwell, who was counsel to the Panama Canal company of France, the United States, government, Avas a wit ness before the federal grand jury today In the government's proceedings against the New York World and others, in .connection with alleged libeloua - publications regarding the Panama canal purchase. . He declared neither he nor any one connected with his . law. 'firm had any stock in the Panama vCanal company; that he was positive no,, man to, public, life in America had any pecuniary interest In the canal,,, and that Douglas' Robinson and Charles B. Taft.had no connection with Panama canal, matters. Deputy Attorney General Oliver C. Pagtn ot Chicago,. who' has drawn many of the notable indictments, returned by the federal grand Jury recently, arrived here today and was In conference with District Attorney Stimson. He came from Oklahoma, where he drew the indictment in the Haskell case. He said that he expected- to remain In this city several weeks. . Will Begin Tenth Term. . MILLERSBURQ, t Feb. , 8". Probate Judge R. W. Taneyhlll will tomorrow enter upon his tenth term as probate Judge of Holmes county, ' and If he lives to compleje the term, will have then been In this office $1 consecutive years. Just before entering this office 27 years ego he served seven years as clerk, of the court. The.iud U now past JO years of age. : - b'l,s i-f ml -:-:. m V7M"Vh Ir''''-1''' '-':M 1 i.H ';-.'',"?:, i1' r-"l- felt.- , . -- AVll .' t - - - s. ixy , 1 ...... ( J OHIO ST A Te I PRICE rll M."Jj'Ztr!!it I t inn i r... L Terwllllger Is expected to leave the, state as soon as possible. His father lives In Alden, jf. Y., and has been advised of the escape. The murderer has been rational and has shown practically no signs of insanity since entering the hospital, Dec. 17, but If aroused, Is considered very dangerous. He has never been tried for his crime. That could be done at any time he Is discharged from the hospital as cured. If captured in another statfl, he probably will have to be brought back as a murderer, as there are no insanity extradition laws between the states. Description of the Men, The following description ot the fugitives has been sent broadcast, by the authorities: Frank Sssar. (Slav), age about 26 1 years, 5 feet 10 inches tall, splendid BLANCHE WALSH IS ILL Has Enlarged Liver, but May Escape Operation. : ' By A0(!lted Preatto Stato Journal. ' KANSAS CITY, Feb. 8. Miss Blanche Wftlsh, the actress, who was brought "here -from Fort Smith,' Ark., an t nlanail " ,'.n tltilimrult., ' hna. pitei, win resume her theatrical touri nit:, mai utijr ui viic pirscni uiuinn, nu cording to a statement issued tonight by her .manager, Hugh C. Grady.- -' Miss Walsh's complaint, physicians say, is an eniargea uver, dui ner condition Is not considered critical, and It Is not believed an operatlonWtil be necessary. It was decided several dRys ago that she should cancel lier engagements for two weeks, but it is expected she will be able to finish, the present season without further trouble. IVOR HUGHES III FIGHT IN CQUHT AT CLEVELAND Columbus Atty., in Home Non-Support Case and Plaintiff's Father Exchange Blows. Ivor Hughes of' Columbus and a Mr.' CofCman of Cleveland exchanged blows In the Cuyahoga county courthouse yesterday, according to a dis patch last night from Cleveland, and were seoarated by a court bailiff. The trouble came about through a new phase of the many troubles of young Edward Horne, Jr.. of Columbus and his young wife, who was a Miss Coffman, The couple ran away and were married. Horne later refused to .live with his 'wife, and various court proceedings were brought against him. Later the Coffmans movea to iieve land. At the time of marriage Horne was earning only $5 a week, but his father was well-to-do. Horne was arrested recently on the rharee of abandoning his minor cnitu, the warrant being sworn out by the wife. The case- was set for trial yes terdav. - As Horne and his Columbus attorney, with the former's wife and her parents, Mr. and Mrs. Coffman, were lnavin the courtroom, Coffman and the Columbus lawyer engaged In wordy war which led to blows. , OIL CASES CONTINUED Court Divided on Question of : Making Standard Party to Suit. , By Associate! Prass to Stat Journal.) LIMA. Feb. 8. The - circuit , cuurt here today continued the quo warranto and ouster. cases against the auxiliary companies ot the Standard Oil company, It being suggested by-Judges 'Norrls and Donnelly that the Standard Oil company of New Jersey be made a party to the suit. Judge Huron dissented -upon this proposition.". i He stated that the Ohio corporations should be ousted from recognizing the Standard Oil company of New .'Jersey and further ousted from affiliating themselves with any foreign corporation to hold the majority , of their stock, and should also be prevented from paying any dividends to the Standard OH company of New Jersey. One-Fifth Is Raised. " DAYTON,: Feb. 8. At noon today, when the subscriptions had been to taled. the sum of $50,4(3 had been subscribed in the campaign which has for Its purpose the raising of $240,000 for the Y. M, C. A. and Miami Valley has pltal funds. The campaign was begun Saturday and will continue until February 23. ' ERNEST TERW1LLIGER, Newark wife murderer. physical development, weight 190 pounds. Has light, close cropped naif, blue eyes and rather ruddy complex ion. Speaks very broken Engilsii. Generally wears a stiff white bosom shirt, without collar or tie. Dark clothes, no overcoat. He is a criminal, i admitted from Mansfield reformatory, and shows some Insane tendencies. -Is usually quiet, listless and retiring. Ernest Terwllllger, a wife murderer of Newark (awaiting trial), age 20; 5 feet 6 inches in height, weighing 125 pounds; dark hair, gray eyes, smooth face, good physical condition, skin clear, vaccination scar on left arm, scar about 6 Inches long anterior part of Jeft thigh from injury in wreck three 'years ago. Small scar left shin same wreck. Answers questions correctly, conducts himself normally, but !s a dangerous man. If ITAPPOIST FROM BOARD LIST Governor. Likely to Ignore Phar- i - s ' maceutical Association in Fill- I . -i, , ' me Place of Examiner. Five Republicans Are Recommended, but He May Select a Democrat. Governor Harmon is expected to ignore the. recommrtndatlons of the Ohio State Pharmaceutical association In appointing . a successor to Julius Greyer of Cincinnati, whose term as a member of the state board of pharmacy will expire March 31. . The law conferson the association the right to recommend five names from which the governor may or may not make a selection for appointment to fill the vacancy caused by the retirement of one member each year. At its last meetine the board. Dossiblv not anticipating the election of a Democratic governor, recommended five Republicans. The board is Republican by 4 to 1, and will remain Republican If the governor goes outside the list and appoints a Democrat to succeed Greyer. , . Furnishing an Excuse, In order to give the governor an ex cuse to fire the whole board a report was printed yesterday charging the existence of a combination of Jobbers to control sales of drugs to state institutions. - The state board of pharmacy has nothing to do with the purchase ot supplies for state institutions or with the control of the durg business, wholesale or retail. It merely examines and, licenses pharmacists. In Its annual report filed yesterday with the governor, the state board recounts, Its victory after a protracted struggle in the courts In driving out of business Mark Klein, a Cleveland druggist who persistently violated the drug law. He was fined $500 and was given a suspended fine of $2000 conditioned on quitting business in 30 days. He quit. . . The only druggist's license revoked during the year was that of John S. Greenwood of Columbus, for selling cocaine illegally. There are now 8535 pharmacists and 636 assistants in the state, making a total or 4171. FRENCH POET IS KILLED Mangled Body of M. Mendes Found in a Tunnel. By Associated Press to Stats Journal PARIS, Feb. 8. M. CatulIe-Abraham Mendes, "the ' noted . French ,poet and novelist, was found dead in the railway tunnel at Saint Germain today., M. MendesV body was badly mangled, he having fallen accidentally from a moving train. Baron Von Oppenhelm. with .whom M. Mendes dined last night, explained today that the poet was melancholy and complained of extreme fatigue. There has been no suggestion of suicide or foul play In the death of M. Mendes, and the finding of his cane and hat beside the body convinces the authorities : that he inadvertently opened the door of the compartment of the carriage in which he was riding before the train was clear of the tunnel, and fell beneath the wheels. - After working yesterday on a play on Napoleon, Mendes spent an hour completing a poem on the death of the elder Coquelin, SEU IRflllE TOCALIFORUiS Anti-Japanese Course Will Result in no Good, and Much Harm, Says Roosevelt. APPEAL TO COURTS State Senate Postpones Action on Jap Measure Senator Perkins May Reply. By Associated Press to State Journal WASHINGTON, Feb. 8. "The policy of the administration le to combine the maximum of efficiency In achieving the real object, which the people of the Pacific slope have at heart, with the minimum of friction and trouble, while the misguided men who advocate such action as this, against which I protest, are following a policy which com bines me very minimum .or emeteucy with the maximum of insult and which, while totally failing to achieve-any real result for good, yet might accomplish an Infinity of harm." In this language President Roosevelt today, in a long telegram to Speaker P. A. Stanton of the California assembly, set forth the government's view of the anti-Japanese school legislation now before that body. The president stated that the bill' gives Just and grave cause for lrrita- : tion and that the government would be omitted Immediately to take action In the federal courts to test such legislation, because It la held to be clearly a violation of the treaty obligations of the United States. The telegram to . Speaker Stanton was sent only after a conference with Senator flint and Representative Kahn of California, and F. K. l.ane of the interstate commerce commission. ....... : The President's Telegram. To Speaker Stanton the president , sent the following:, 1 trust there will be no misunderstanding ot the federal government's attitude. We are zealously endeavoring to guard the interest of California and of the entire. West in acoordanie with the desires of our Western people. By friendly agreement with Japan we are nuw carrying out a policy, which" while meuting the interests and d- ... aires of the Pacific slope, is yet compatible, not merely with mutual self-respect, but with mutual esteem and admiration between the Americans and Japanese. The Japanese government Is loyally : and in good faith doing Its part to carry out this policy, precisely as the American government is doing. - The policy aims at, mutuality and obligation and behavior. In accordance with It, tiie purpose Is that the Japanese shall come, here exactly Americans go to J'. Japan, Which is in effect that travelers, students, -persous eng;aged in international business, men who sojourn for pleasure or study, and the like, shall have the freiwt access from one couu- try to the other, and shall be sure of the best treatment, but that there shall . be no settlement in mass by the people4 of either country In the other.. More Have Lett Than Have Come lau During the last six months under this policy more Japanese have leit the country than have come in, and the total number In the United States has diminished by over 2000. These figures are absolutely accurate and cannot be Impeached. In other words, If the present policy is consistently followed and works as well In the future as It is now working, all difficulties and causes of friction will disappear, while at the same time each nation will retain its self-respect and the good will of the other. But such a bill as this school bill accomplishes literally nothing whatever In the line of the object aimed at and gives just ind grave cause for Irritation; while In addition, the United States government would be obliged immediately to take action in. the federal courts to test such legislation, as we hold it to be clearly a violation of the treaty. On this point I refer you to the numerous decisions of the' United States supreme court In regard to state laws, which violate treaty obligations of the United States. The legislation ,, would accomplish nothing beneficial and would certainly cause some mischief and might cause very grave mischief.Opposition Mlgiit Do Great Hans, In short, the policy of the administration is to combine the maximum of efficiency In achieving the real object, which the people of the Pacific slope have at heat, with the minimum of friction and trouble, while the n.ls-gulded men who advocate such action ns this against which I protest are following a policy, which combines the ; very minimum of efficiency with the maximum of Insult and which, while totally falling to achieve anv real re- suits Tor good, yet might accomplish an infinity of harm. If In the next year or two the action of the federal government falls to achieve what It Is now achieving, then through the further action of the president and congress, it can be made entirely efficient I am sure that the sound judgment of the people of California will support you, ?4r. Speaker, in your efforts. Let me repeat that at present we are actually doing the verv thing which the people of California, wish to be done, and to upset the arrangement under which It is being done, cannot do good and may do great harm. If in the next year or two the figures of immigration prove that the arrangement, which has worked so-successfully during the last six months Is no longer working successfully then there Would h urrritin.4 frt- and for the reversal by the national I government of its present policy, But . at present the policy la working well and until It works badly, It would be a grave misfortune to change It, and wnen changed it can only be changed TOtcuvmj nv int. mmonai government, .,-,.-" THEODORE ROOSEVELT. Only One With President, Today the entire California delegation In the house with the exception 1 of Mr. - McLachlan, met at luncheon and discussed the Japanese situation i and it is stated upon the authority of those present, that Mr. Kahn was the only member In attendance who man!--tested . an Inclination to support the administration In its attitude toward state action on the Japanese question. It was apparent that while the delegation was disposed to be conservative its sympathies were largely with Cali fornia s efforts to Keep Japanese out by means of state legislation, if It was not done by the action of the federal government. Members of the delegation declare that large . numbers ut Japanese are coming Into the Unllerl States by way of Mexico and Catiaua. - - Perkins May Defend Himself, In view of the attack which Presl. dent Roosevelt has made, upon Senator Perkins, the senior senator from Cali fornia, for his attitude on the Japanese agitation In his state, friends of the senator believe that he will defend himself on the floor or the senate. Bo far, Senator Perkins has not Intimated